LEE SAI KWONG AND ANOTHER v. WONG WING FAI AND ANOTHER

LEE SAI KWONG AND ANOTHER v. WONG WING FAI AND ANOTHER

The judge held that where the defendant has already been in breach, an indication by the defendant that he is prepared to perform does not automatically deprive the innocent plaintiff of the right to elect between specific performance and damages; the plaintiffs retain the right to elect and must be put to that election.

Citation
LEE SAI KWONG AND ANOTHER v. WONG WING FAI AND ANOTHER
Parties
Plaintiffs: LEE SAI KWONG AND POON WAI TONG; Defendants: WONG WING FAI AND NG FUNG YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 September 1998
Case Number
HCA3710/1997
Procedural Posture
Specific Performance and Damages (sale and Purchase of Property) / Ruling on Election Between Remedies at Trial
Outcome
Plaintiffs retain the right to elect between specific performance and damages; court will require plaintiffs to state their election.
Legal Topics
Specific Performance, Election of Remedies, Anticipatory Breach, Damages, Termination
Source Language
EN
Contract Law Equity Property Law Specific Performance Election of Remedies Anticipatory Breach Damages Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

LEE SAI KWONG AND POON WAI TONG

Plaintiffs

WONG WING FAI AND NG FUNG YING

Defendants

Procedural Posture

Specific Performance and Damages (sale and Purchase of Property) / Ruling on Election Between Remedies at Trial

Legal Issues

  1. 1 Whether the plaintiff retains the right to elect between specific performance and damages after the defendant indicates willingness to perform
  2. 2 Whether an anticipatory breach or an actual breach affects the innocent party's right to elect
  3. 3 Which authorities govern loss of election when the defaulting party offers performance

Ratio Decidendi

The judge held that where the defendant has already been in breach, an indication by the defendant that he is prepared to perform does not automatically deprive the innocent plaintiff of the right to elect between specific performance and damages; the plaintiffs retain the right to elect and must be put to that election.

Court Disposition

Plaintiffs retain the right to elect between specific performance and damages; court will require plaintiffs to state their election.

Orders

  • Plaintiffs to elect between specific performance and damages and to notify the court of their election
  • Matter to be listed to hear and record the plaintiffs' election